Georgia Estate Planning Questions & Answers
Q: I was one day late giving answer to the eviction. I emailed the court yesterday on the final day to let them know I was
Jammie Taire's answer
This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you immediately; however, Georgia does not allow self-evictions. Therefore, although the landlord can get the writ the writ still has to be executed. Although you may not have a remedy to stay in the...
This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you immediately; however, Georgia does not allow self-evictions. Therefore, although the landlord can get the writ the writ still has to be executed. Although you may not have a remedy to stay in the...
Q: I HAVE HAD A GENERAL POA SINCE APRIL 2002 FOR MY MOTHER THAT IS RECORDED IN FULTON COUNTY GEORGIA.
Kelli Y Allen's answer
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed
Robert W. Hughes Jr.'s answer
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Q: I lived in Louisiana but now live in Georgia - I created my will before moving several years ago. Is it valid in GA?
Robert W. Hughes Jr.'s answer
As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.
As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.
Q: My uncle passed away without signing his will.he only has one sibling living does she get his estate
Robert W. Hughes Jr.'s answer
If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Health Care Law
for
Georgia
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Homer P Jordan IV's answer
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: My daughter died she was divorcing her husband they lived apart can he gain control of her house.
Ellaretha Coleman's answer
Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.
Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.
Q: In GA, how does an executor of a will decline to serve so that the next name listed gets appointed?
P. Justin Thrailkill's answer
I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.
I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.
Q: What's the difference between setting up a health care directive to carry out my medical wishes if I become unable to
John W. Chambers Jr's answer
In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney whereby the principal appoints an agent and grants the agent various powers to conduct financial transactions. In Georgia, it is common for a person to have both an advance directive for health care...
In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney whereby the principal appoints an agent and grants the agent various powers to conduct financial transactions. In Georgia, it is common for a person to have both an advance directive for health care...
Q: Can a father relinquish his rights in divorce papers in 1980?
Homer P Jordan IV's answer
We would need to know more facts about your case in order to prove you with a thorough response. Was there a will left when the person died and was the child not left an inheritance? Did the estate go through probate? You may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
We would need to know more facts about your case in order to prove you with a thorough response. Was there a will left when the person died and was the child not left an inheritance? Did the estate go through probate? You may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: Can you be forced to move from residence from home owners widow whom we're about were not known for years
1 Answer
| Asked
in
Estate Planning, Civil Rights and Landlord - Tenant
for
Georgia
on
Answered on Aug 24, 2018
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
This is a simple question with a complex answer.
Who owns the home right now? Only the rightful owner, or someone with a lease from the rightful owner, can evict you.
If the home is in the name of a deceased person, the home will need to go through probate to be transferred into the name of a living person. Whether that's the widow or the grandson depends on the will, if there was one, or state intestacy laws if there wasn't. But even if the will left the property to the...
This is a simple question with a complex answer.
Who owns the home right now? Only the rightful owner, or someone with a lease from the rightful owner, can evict you.
If the home is in the name of a deceased person, the home will need to go through probate to be transferred into the name of a living person. Whether that's the widow or the grandson depends on the will, if there was one, or state intestacy laws if there wasn't. But even if the will left the property to the...
Q: My father left a will, which states that I, his only child, is EXECUTOR, EXECUTRIX, PERSONAL REPRESENTATIVE, TRUSTEE
Robert W. Hughes Jr.'s answer
Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be fairly straightforward for a probate lawyer to answer.
Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be fairly straightforward for a probate lawyer to answer.
Q: Spouse and I are separated living in the same house that we own jointly. Can I do a quick claim deed to my son.
Homer P Jordan IV's answer
I think this may be a duplicate question. No, you won't be able to do that. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
I think this may be a duplicate question. No, you won't be able to do that. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: My younger sister was assigned as my financial guardian. She threatening to put my townhouse in her name. Is this legal?
Robert W. Hughes Jr.'s answer
If your sister was appointed as your conservator by the probate court, she should place all of yiur assets into her name, as your conservator.
If your sister was appointed as your conservator by the probate court, she should place all of yiur assets into her name, as your conservator.
Q: father has just passed and wife and him were both on the deed to his house. Are his maternal kid entitled to house?
John W. Chambers Jr's answer
In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest of the owner in the property would be part of his estate. In such case, the heirs might have an interest in the property, either as beneficiaries under a will, or through the inheritance laws if there...
In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest of the owner in the property would be part of his estate. In such case, the heirs might have an interest in the property, either as beneficiaries under a will, or through the inheritance laws if there...
Q: mother-in-law passed without will-5 siblings-husband has “Letters if Administration”. Can he sell home to distribute $?
Robert W. Hughes Jr.'s answer
Unless he was granted expanded powers with the Letters of Administration, he has to get court approval to sell the property. He will ultimately be able to sell the home once he gets court approval.
Unless he was granted expanded powers with the Letters of Administration, he has to get court approval to sell the property. He will ultimately be able to sell the home once he gets court approval.
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